Q&A: Expanded Core Curriculum Instruction and Orientation and Mobility Evaluations

Texas Updates Resulting

From SB 39 and HB 590

The 83rd session of the Texas Legislature passed two bills relevant to students with visual impairments, SB 39 and HB 590, which made changes in Chapter §30.002 of the Texas Education Code. This document is intended to provide guidance related to those changes. The legal references for this document are quoted in parts in the reference section at the end. You can find the entirerevised TEC §30.002 online at

Commissioner of Education rules support implementation of the Texas Education Code. They are part of a larger body of state agency rules known as the Texas Administrative Code (TAC).The Office of the Secretary of State collects and publishes these rules. Commissioner rules are codified under Title 19, Part II, of the TAC. Title 19 is Education, and Part II is the Texas Education Agency. Rules related to the changes in the Texas Education Code Chapter 89. Adaptations for Special Populationscan be found at

Table of Contents

ACRONYMS:

GENERAL

1. What are the timelines for implementing the new requirements of TEC §30.002 Education for Children with Visual Impairments (per SB 39, the 'ECC bill' and HB 590, the "O&M bill")?

2. With the new legislation, what should the full and individual initial evaluation consist of?

3. If the O&M, FVE and LMA evaluations have been completed and results indicate that this child does not meet eligibility as a child with a visual impairment that will adversely affect their education, do we continue to address the ECC?

4. With the new laws, what should a full and individual re-evaluation consist of?

5. How do you document need for instruction in areas of the ECC?

6. Do we need consent to identify strengths and needs in areas of the ECC?

7. We have never tracked the need for and instruction in the ECC. It feels overwhelming. How do we start?

8. Must or may the TVI and COMS do the required evaluations together?

9. My student has so many needs; we couldn't possibly meet them all in one year. How do I set priorities?

10.Can you collaborate with other agencies, other school personnel and/or family members to provide instruction in areas of the ECC?

11.Who can address strengths and needs for instruction in ECC areas?

12. What happens if the TVI and the COMS disagree on whether a child is eligible as a student with a visual impairment?

13. What if identified needs in the areas of the expanded core curriculum for a student qualified as having a visual impairment are not related to the visual impairment (i.e., due to a specific learning disability, intellectual disability or physical impairment)?

STUDENTS WITH ADDITIONAL DISABILITIES

14. Do the new laws and the TEC §30.002 apply to children who are suspected of being deaf-blind?

15. Do the revisions to TEC §30.002 apply to students who are visually impaired and intellectually disabled or have additional disabilities?

INFANTS AND TODDLERS (BIRTH THROUGH 2 YEARS OF AGE) AND ECI

16. Does TEC §30.002 apply to the infants and toddlers, from birth through 2, who are typically served by ECI?

17. If an infant is being initially evaluated for ECI services as having a visual impairment, should an O&M evaluation be part of the evaluation?

ORIENTATION AND MOBILITY QUESTIONS

18. What is the role of the COMS in evaluation and instruction in all the other areas of the ECC?

19. Does an O&M evaluation include areas of the ECC?

20. What happens if the TVI and the COMS disagree on whether a child is eligible as a student with a visual impairment?

21. Who can provide orientation and mobility to students in the school systems of Texas?

22. What happens if, after an O&M evaluation, the COMS and the TVI disagree about the need for O&M services?

23. If a student has received an O&M evaluation and did not qualify for O&M services, does that student have to be re-evaluated again at each re-evaluation?

24. Is the TVI still required to make a recommendation on the need for O&M evaluation in the Functional Vision Evaluation?

25. For a student who has never had an O&M evaluation, when would the evaluation be requested—at the child's annual ARD, at each reevaluation, at a 3-year reevaluation, or another time?

26. Is a COMS required to attend every ARD for a student with visual impairment, even if the student is not receiving or has not received an O&M evaluation?

27. Can a child receive O&M services under Section 504?

28. If a child does not qualify for special education under IDEA, or as a student with a visual impairment, would the service then be “Travel Training”?

REFERENCES:

(1) 19 TAC Chapter 89

(2) Texas Education Code Sec. 30.002.

(3) 19 Texas Administrative Code § 89.1040. Eligibility Criteria related to Deaf-Blindness.

(4) Eligibility Rules related to Services to Infants

(5) Early Transition Memorandum of Understanding excerpt

(6) Briefing Book on Public Education Legislation - Texas Education Agency 83rd Texas Legislative Session July 2013

ACRONYMS:

CFR / Code of Federal Regulations
COMS / Certified Orientation and Mobility Specialist
DARS-DBS / Department of Assistive and Rehabilitative Services - Division of Blind Services
ECC / Expanded Core Curriculum
O&M / Orientation and Mobility (instruction)
PLAAFP / Present Level of Academic And Functional Performance
SB / Senate Bill
HB / House Bill
TAC / Texas Administrative Code (TEA Commissioner’s Rules)
TEA / Texas Education Agency
TEC / Texas Education Code
TVI / Teacher of Students with Visual Impairments
VI / Visual Impairment (can include blindness and students with additional disabilities)

GENERAL

1. What are the timelines for implementing the new requirements of TEC§30.002 Education for Children with Visual Impairments (per SB 39,the 'ECC bill' and HB 590, the "O&M bill")?

The language that clarified the areas of the expanded core curriculum (amending TEC§30.002, Section A 2.AA Subsection (e)) became law beginning with the 2013-2014 school year. Thelegislation clarified existing rules; these requirements are not new.

Thenewlanguagein TEC §30.002, requiring O&M evaluations for initial eligibility and participation of the COMS in reevaluation, included a statement that the law must be fully implemented by the beginning of the 2014-2015 school year.

See Reference 2 (Page18).

2. With the new legislation, what should the full and individual initial evaluation consist of?

The purpose of a full and individual initial evaluation is twofold: to determine whether the child is a child with a disability and, if so, to determine the content of the child’s IEP.

[34 CFR §300.305(a)] [20 U.S.C. 1414(c) (1)-(4)]

So, in the case of an initial evaluation, the team must determine first, whether the child meets eligibility as a child with a visual impairment. Then, whether by reason of that visual impairment, the child will need special education and related services.

TEA Commissioner Rules TAC §89.1040(c) (12) now identify four specific evaluations that must occur for initial evaluation of eligibility as a student with a visual impairment:

Eye Doctor Exam
Functional Vision Evaluation
Learning Media Assessment
O&M evaluation (this is the new language)

See Reference 1 (page 17).

3. If the O&M, FVE and LMA evaluations have been completed and results indicate that this child does not meet eligibility as a child with a visual impairment that will adversely affect their education, do wecontinue to address the ECC?

All three of the evaluations conducted by VI professionals will address strengths and needs in applicable areas of the expanded core curriculum (such as sensory efficiency as part of the FVE, social skills and independent living skills as part of the O&M evaluation, etc.). However, therequirement for instruction in an expanded core curriculum is to be considered only for a student who has been determined to have a visual impairment.

If the ARD committee determines that the child does not meet eligibility criteria as a child with a visual impairment, then the team does not need to consider an expanded core curriculum.

4. With the new laws, what should a full and individual re-evaluation consist of?

A “child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having [one of the disabilities listed above] and who, by reason thereof, needs special education and related services.” [IDEA Part B 300.8]

Thus, a student must not only have a visual impairment, but also as a result of that disability, need specially designed instruction.

The ARD committee should determine what evaluations are needed to appropriately determine continued eligibility as a student with a visual impairment (see Questions #2 & 3 above) and then the student’s PLAAFP.

If a student continues to meet the criteria as a student with visual impairment, then the district should have a systematic process to ensure that all areas listed in TEC §30.002 have been considered, including the areas of the ECC. A COMS needs to be a member of the committee that determines what evaluations are needed.

5. How do you document need for instruction in areas of the ECC?

The district does need to develop a way to annually prioritize needs and strengths (the PLAAFP) for the IEP, and ongoing progress monitoring of a student with visual impairment in areas in the ECC.

The Education Code does not mandate any special record-keeping system. Progress in the ECC can be documented on the VI Supplement. Progress monitoring and teacher checklists that help shape IEP programming decisions should be available to the team as they reconvene each year. Some districts will put this in the student's district folder while others will have another designated format and procedure for storing this information.

6. Do we need consent to identify strengths and needs in areas of the ECC?

You do need consent to do evaluations required for eligibility and/or reevaluations. Those are the 4 legally required evaluations for eligibility as a student with visual impairment.

However, ongoing progress monitoring and using checklists to develop instructional strategies in an expanded core curriculum does not require consent.

IDEA revisions 2004 specifically clarified this: The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

[34 CFR §300.302] [20 U.S.C. 1414(a) (1) (E)]

7. We have never tracked the need for and instruction in the ECC. It feels overwhelming. How do we start?

The ECC is now more clearly defined in law. The most important caveat is to get started and make sure to get parent, team and student input!

8. Must or may the TVI and COMS do the required evaluations together?

TEC §30.002 requires that the O&M evaluation is performed by a COMS. Commissioner’s Rules state that the Functional Vision Evaluation can be conducted by either a COMS or by a TVI. The Learning Media Assessment must be conducted by a TVI.

It is beneficial and definitely permissible for professionals to collaborate and coordinate their evaluations, as long as the specific required components are conducted, written, and signed by the required professional.

9. My student has so many needs; we couldn't possibly meet them all in one year. How do I set priorities?

This is a team process - the TVI and COMS bring the results of the assessments and progress monitoring to the team and discusswhichinstructional needsare of highest priority for the student that year, including family priorities. An IEP is developed for priority annual goals and objectives. In many cases, it is not reasonable to address all areas of the ECC at one time. Priority ECC areas may vary from year to year for a particular student based on identified needs and are ultimately determined by the ARD committee.

10.Can you collaborate with other agencies, other school personnel and/or family members to provide instruction in areas of the ECC?

See Section 5 of the TEC §30.002. It clearly indicates that we are supposed to work together.Other qualified agencies include DARS-DBS, for example. The district must note in the IEP how they will document student progress when non-ISD staff addresses an identified IEP goal. Enrichment programs can be used to supplement the IEP without documenting the objectives in a goal.

11.Who can address strengths and needs for instruction in ECC areas?

Theteam, typically led by the TVI, should develop a plan for determining the student’s present levels of academic achievement and functional performance (PLAAFP). The TVI and COMS may have specific input into needed adaptations, modifications and appropriate materials due to their knowledge of the impact of that student's visual impairment. The COMS must conduct the O&M evaluation. The TVI should be primarily responsible for assessing strengths and needs in braille, Nemeth, and abacus.

Collaborative efforts addressing the ECCby the TVI, COMS, parents and other team members is an effective model for many ECC areas (e.g., social skills, independent living skills, recreation and leisure, self-determination, etc.).

12. What happens if the TVI and the COMS disagree on whether a child is eligible as a student with a visual impairment?

The decisions regarding eligibility are made by the ARD Committee, not just one or two members, and are based on the outcomes of all of the evaluations. Evaluation for special education is to determine the need for systematic, specially designed instruction needed as a result of the impact of a disability "to meet their unique needs and prepare them for further education, employment, and independent living.” [CFR §300.01] and is not limited to classroom or academic areas. TAC §89.1040(C)(12)(c) specifies that an O&M evaluation must address student performance in the home, school and community and in settings unfamiliar to the student. These settings may provide different data than that more typically provided by the FVE and LMA evaluation tools.

TEC §30.002 states:

(c-1) To implement Subsection (c)(1) and to determine a child's eligibility for a school district's special education program on the basis of a visual impairment, the full individual and initial evaluation of the student required by Section §29.004 must, in accordance with Commissioner rule:

(1) include an orientation and mobility evaluation conducted:

(A) by a person who is appropriately certified as an orientation and mobility specialist, as determined under commissioner rule; and

(B) in a variety of lighting conditions and in a variety of settings, including in the student's home, school, and community and in settings unfamiliar to the student;

If an O&M evaluation recommends that a student needs specially designed instruction in the area of orientation and mobility as a result of their visual impairment, and the ARD committee agrees, then the student should be qualified for special education, and the TVI could collaborate with the O&M in the provision of needed special education.

In IDEA Section 300.8, it is stated:

(ii) If, consistent with IDEASec. 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.

Also, in Texas law TEC §30.002(c) (4) (B) (ii),Texas state statute now lists O&M as part of required instructional areas for students with visual impairment. Therefore, O&M can be considered an instructional service.

There is a space on most checklists for noting that there are other influences on learning and development and that a specific area of need is not related to the student's visual impairment. Determining the most appropriate response to an educational need is part of the ARD committee discussions.

STUDENTS WITH ADDITIONAL DISABILITIES

14. Do the new laws and the TEC §30.002apply to children who are suspected of being deaf-blind?

Yes. Under Texas Administrative Code, TAC §89.1040(c)(2), a child with suspected deaf-blindness will be evaluated for eligibility as visually impaired AND auditory impaired, implying that the evaluation will include all of the components for both, including orientation and mobility.

Note that even if the child does not meet the eligibility requirements for visual impairment and auditory impairment, there are additional criteria to be considered in making the eligibility determination for deaf-blindness.

See Reference 3 below (page 23).

15. Do the revisions to TEC §30.002 apply tostudents who are visually impaired and intellectually disabled or have additional disabilities?

This law refers to all students with visual impairments. Teachers need to become familiar with a variety of evaluation tools in order to gather valid information on the wide range of students served.

INFANTS AND TODDLERS (BIRTH THROUGH 2 YEARS OF AGE) AND ECI

16. Does TEC §30.002 apply to the infants and toddlers, from birth through 2, who are typically served by ECI?

Yes. School age for the population with visual and/or auditory impairments starts at birth. In Texas, everything that applies to children with visual impairment in federal, state, and SBOE, and TEA Commissioner special education rules and regulations, applies to the birth through 2 populations.

In Texas, children (birth through 2) with VI are specifically given the rights to FAPE (and to Part C).
TEA has the responsibility for this whole age range, but because of the overlap with ECI, TEA developed an MOU to ensure that infants and toddlers received all of the benefits of both Special Education and ECI, and have access to TVI and O&M services.

See References 4 and 5(pages 23 and 24).

17. If an infant is being initially evaluated for ECI services as having a visual impairment, should an O&M evaluation be part of the evaluation?

Yes. The same rules in TEC §30.002 apply to determining eligibility for infants as for older students, so an O&M evaluation done by an appropriately certified professional is required.

ORIENTATION AND MOBILITY QUESTIONS

18. What is the role of the COMS in evaluation and instruction in all the other areas of the ECC?

The law states that a COMS must be part of the multidisciplinary team in evaluating data for eligibility and shall participate with that team in determining the scope of any reevaluation of a student with visual impairment.